Study Unit 4 - Lecture 1

Question 1

What Act governs traditional courts?

Answer 1

Black Administration Act 38 of 1927

Question 2

How many sections of the Act still apply?

Answer 2

3

Question 3

What Bill aims to repeal the remaining parts?

Answer 3

Traditional Courts Bill (B1-2012)

Question 4

What does Section 211(3) say?

Answer 4

Courts must apply customary law when applicable

Question 5

Who can apply customary law?

Answer 5

Constitutional Court, SCA, High Courts, Magistrates’ Courts, and recognised traditional courts

Question 6

Headman’s court = ?

Answer 6

Lower court

Question 7

Chief’s court = ?

Answer 7

Higher court (formally recognised)

Question 8

Are trials public or private?

Answer 8

Public

Question 9

Can lawyers represent parties?

Answer 9

No (relatives may assist).

Question 10

What happens if a party misses a hearing twice?

Answer 10

Fetched by messengers and may be punished

Question 11

Is perjury punished?

Answer 11

No, but lying affects credibility.

Question 12

What is “judgment by default”?

Answer 12

Judgment when a party is absent

Question 13

When must judgment be registered?

Answer 13

Within 2 months

Question 14

What happens if it is not registered?

Answer 14

It lapses and cannot be enforced

Question 15

Can a chief judge his own case?

Answer 15

No

Question 16

Can counterclaims be raised in the same case?

Answer 16

No

Question 17

Can the court investigate at the crime scene?

Answer 17

Yes

Question 17

What system is used: inquisitorial or adversarial?

Answer 17

Inquisitorial

Question 18

Are oaths taken in court?

Answer 18

No

Question 19

Is prescription (time limits) recognised?

Answer 19

No; claims don’t expire, but delays may be rejected